Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Judgement by Default?-Lloyds

    Hi,

    I have come across something new this time and am not sure what will happen next?

    Basically, I have been through all the steps with Lloydsicon. I never received any letters of statemnts from them and had to make an estimatd claim on MCOL.

    Again received nothing from Lloyds and entered judgement by default on 8th June and have received confirmation from the court. I have been trawling through the site and most people say it is unlikely I have won and that the court usually give the banks more time to file a defenceicon. Then today the statements have finally turned up.

    I have a link on MCOL that says warrant. So my basic question is what do I do next and what should I expect to happen?

    Would be very grateful for any advice.

    Similar Threads:

    Lloyds TSB credit card-
    Judgement by default filed 8/06/07


    Virgin credit card-£120 claimed Settled in full
    Business barclaycard-£200 claimed Settled in full
    Business a/c-£961.31 claimed Settled in full
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  2. #2
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    Default Re: Judgement by Default?-Lloyds

    I believe that you can force the Judgement now as the Judge has ruled that ltsbicon has defaulted. This is a cost that can be reimbursed £55.00
    I would contact sechari, Mitchell & Clarke LTSB solicitors and state that LTSB has been found in default and they need to advise their Client to pay.


  3. #3
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    Default Re: Judgement by Default?-Lloyds

    Quote Originally Posted by carlyt123 View Post
    I never received any letters of statemnts from them and had to make an estimatd claim on MCOL.
    Not really the best way of starting legal proceedings against a major financial institution.


  4. #4
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    Default Re: Judgement by Default?-Lloyds

    Well I had been sending them letters to try and get the statements since last August and they just kept fobbing all my calls and letters off.

    I asked on this site and was old to make an estimated claim, so that is what I did. I didn't really have any choice, as the obviously were never going to provide them, no matter how many letters or cheques I sent.

    What do you think I should have done? Will this effect my claim negatively do you think?


    Lloyds TSB credit card-
    Judgement by default filed 8/06/07


    Virgin credit card-£120 claimed Settled in full
    Business barclaycard-£200 claimed Settled in full
    Business a/c-£961.31 claimed Settled in full
    NatWest personal a/c-£3010.28 claimed Settled in full
    Abbey business a/c-£2390.96 Settled in full
    Halifax personal a/c-£497 claimed Settled in full
    HSBC credit card-£175.65 claimed Settled in full
    Co-op credit card-£150 claimed Settled in full
    NatWest business a/c-£250.00 claimed Settled in full

    Halifax personal a/c2-£336 claimed Settled in full

    Lloyds Business a/c-£1027 claimed Settled in full

  5. #5
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    Default Re: Judgement by Default?-Lloyds

    You should have claimed against them for non-compliance of the SARicon? How much is your claim for?


  6. #6
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    Default Re: Judgement by Default?-Lloyds

    The estimated claim was for £1000, but now I have actually got the statements so I can properly work it out, but haven't had time yet.

    I did wonder if maybe £1000 was way less than we were owed and this is why they had just let it go, but I suspect now that is not the case!


    Lloyds TSB credit card-
    Judgement by default filed 8/06/07


    Virgin credit card-£120 claimed Settled in full
    Business barclaycard-£200 claimed Settled in full
    Business a/c-£961.31 claimed Settled in full
    NatWest personal a/c-£3010.28 claimed Settled in full
    Abbey business a/c-£2390.96 Settled in full
    Halifax personal a/c-£497 claimed Settled in full
    HSBC credit card-£175.65 claimed Settled in full
    Co-op credit card-£150 claimed Settled in full
    NatWest business a/c-£250.00 claimed Settled in full

    Halifax personal a/c2-£336 claimed Settled in full

    Lloyds Business a/c-£1027 claimed Settled in full

  7. #7
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    Default Re: Judgement by Default?-Lloyds

    Seeing as you now have the statements you should really work out what the charges actually are before proceeding further.


  8. #8
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    Default Re: Judgement by Default?-Lloyds

    Okey dokes, first thing tomorrow I will work out the real amount and perhaps call the court.

    Thanks a lot.


    Lloyds TSB credit card-
    Judgement by default filed 8/06/07


    Virgin credit card-£120 claimed Settled in full
    Business barclaycard-£200 claimed Settled in full
    Business a/c-£961.31 claimed Settled in full
    NatWest personal a/c-£3010.28 claimed Settled in full
    Abbey business a/c-£2390.96 Settled in full
    Halifax personal a/c-£497 claimed Settled in full
    HSBC credit card-£175.65 claimed Settled in full
    Co-op credit card-£150 claimed Settled in full
    NatWest business a/c-£250.00 claimed Settled in full

    Halifax personal a/c2-£336 claimed Settled in full

    Lloyds Business a/c-£1027 claimed Settled in full

  9. #9
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    Default Re: Judgement by Default?-Lloyds

    Hi All,

    So I have now worked out that my charges are actually £550, substantially less than I have claimed.

    How should I proceed? I am a bit nervous to phone the court or Lloydsicon as I am not sure what happens in this situation. I still have the judgement showing on mcol and the warrant link is available so it seems there has been no change, but I am a little worried to call the court when I really am not sure what to say.

    Any help much appreciated.


    Lloyds TSB credit card-
    Judgement by default filed 8/06/07


    Virgin credit card-£120 claimed Settled in full
    Business barclaycard-£200 claimed Settled in full
    Business a/c-£961.31 claimed Settled in full
    NatWest personal a/c-£3010.28 claimed Settled in full
    Abbey business a/c-£2390.96 Settled in full
    Halifax personal a/c-£497 claimed Settled in full
    HSBC credit card-£175.65 claimed Settled in full
    Co-op credit card-£150 claimed Settled in full
    NatWest business a/c-£250.00 claimed Settled in full

    Halifax personal a/c2-£336 claimed Settled in full

    Lloyds Business a/c-£1027 claimed Settled in full

  10. #10
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    Default Re: Judgement by Default?-Lloyds

    as it hs gone that far i am not sure your able to ammend the claim, it is always very risky estimating your charges as this is what can happen and not something i think people would recommend, i would seriously think about calling the court on monday and get there advice unless someone comes back to u on here with other advice





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    Default Re: Judgement by Default?-Lloyds

    When I obtained judgement I wrote to SCM with a copy to Lloyds' head office giving them 7 days notice and they paid in 5 days, this is the letter:
    http://www.consumeractiongroup.co.uk...tml#post921936

    Although I do not generally advocate making threats you will not undertake, I would not apply for a warrant. As your claim is estimated and you know it is around twice the sum it should be for, I would abandon the claim and start over for the correct sum.

    If I have been helpful please click on my star and add a comment.

  12. #12
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    Default Re: Judgement by Default?-Lloyds

    But what is the worst that can happen by executing the warrant. Surely it is now too late to put a defense in of, "we don't owe that much." They have had ample time to do this


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    Default Re: Judgement by Default?-Lloyds

    I agree they have had sufficient time to defend, providing the claim form was served properly.

    If the £1000 was correct then I have would no difficulty with warrant.

    A fee of £55 could be lost.

    It is really up to the claimant to decide. My difficulty was that if I ended up in front of a judge and the £1000 to £500 issue came out, it would be a very uncomfortable situation.

    If I have been helpful please click on my star and add a comment.


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